A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On November 21, 2016, the Defendant was issued a summary order of KRW 4.5 million as a crime of violating the Road Traffic Act at the Suwon District Court’s Pyeongtaek District Court’s House on November 21, 2016.

[2] Around May 24, 2020, the Defendant was punished for a violation of the Road Traffic Act (dK7 vehicle) as above, but under the influence of alcohol level of 0.114% during blood, the Defendant driven DK7 vehicle from the front side of Pyeongtaek-si B to the front road of the same city at around 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same record as the suspect) statute;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Criminal Procedure Act is based on a comprehensive consideration of all factors of sentencing as shown in the pleadings of this case, including the following circumstances and the Defendant’s age, sex, environment, family relation, motive for the crime, means and consequence of the crime, and the circumstances after the crime, and the sentence is determined as ordered.

The circumstances that have already been punished for driving under the influence of alcohol but are advantageous to driving under the influence of alcohol: The fact that the crime is recognized and reflected, there is no circumstance to realize the risks of driving due to the fact that it is discovered in the control of simple drinking, and there is no criminal record exceeding the fine.